Son getting screwed by former employer

My son just changed jobs & his former employer owes him over $2,100 in commission & expense money. He gave 2 wks notice & returned the company laptop timely. Immediate boss seemingly understood that it was for a better job opportunity & wished him well. O-T attys: any practical advice? He did not have an employment contract specifying payments & I have been told that mite be an issue, but I have never had such a contract & I worked for various companies for over 40 yrs.

Whether he had an employee contract or not, his previous employer should pay any expenses and commissions incured while he was an employee...PERIOD! As long as payment of said commissions and expenses were normally reimbursed/paid while he was employed.

quote:Expenses are owed by the company. Good luck getting the commission.

I agree….every company I have worked for that pays commission states that you must be employed by the company when commission is paid…I would not count on getting the commission, but expenses on the other hand should be paid IMO

Not necessary. Companies can terminate as they choose in state of Louisiana, so an employee can leave anytime they want.

quote: He did not have an employment contract specifying payments & I have been told that mite be an issue, but I have never had such a contract & I worked for various companies for over 40 yrs.

My company states that in order for me to receive my bonus, I have to be employed the date it is paid.

They also pay quarterly, which I believe benefits them as well (not having to pay out). However, I am a smart cookie - I'll know when to "shut it down" and know how to do just enough to get by until bonus payday.

He should have at least sent in his expense report before resigning. Are they really screwing him, or is it just taking a little time to sort out. Most legit companies don't bother trying to "screw" someone over $2K, it's not worth it.

re: Son getting screwed by former employer(Posted by Hammertime on 1/28/13 at 9:47 am to Broke)

quote:It costs like $250 to file a small claim.

I would just forget it. I had am old boss owe me around the same amount in commission when I left and went back to school. Told him a month in advance and he was still shocked when I said it was my 2nd to last day.

Took him to court and he just said I never made the sales that I did. I didn't have receipts our any way to prove it and he just said I was a junior salesman who didn't make commission.

Small claims is a major PITA. I have done it, and the process to get someone to pay you requires you to fill out paperwork 4 different times even before you get paid. If they don't want to pay you after a loss, it takes more money and more paperwork.

I sued someone for $1200. After all was said and done, it took a year to start getting paid and his cost ended up being like $1500 after everything

quote:My company states that in order for me to receive my bonus, I have to be employed the date it is paid.

The same for my previous company. I left for more $ and missed out on a ~$1200 profit sharing check. However, they money I made at my new job more than offset that bonus and I didn't have to deal with their BS for another month.

I wish there was an easy solution. My guess is that the company is pissed and dragging their feet on purpose.

I would have your son meet with the owner, or person in-charge, and see if something can get worked out. If not then, have an attorney friend put a letter on his letterhead and see if that breaks any money free.

If none of that works use it as a life lesson. Never leave a job where the owner owes you money. They will frick you every time.

When an employee quits, an employer must pay the employee all wages due by the regular payday on which the employee would have been paid if employment had continued or within 15 days, whichever occurs first. Louisiana Stat. 23:631